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22 Jul 2022, 10:03 am by Howard Bashman
” Ian Bassin and Erica Newland have this essay (subscription required for full access) online at The New York Review of Books. [read post]
19 Feb 2022, 6:52 am by Katherine Pompilio
  John Langford, Justin Florence and Erica Newland explained short and long term solutions to Trump’s violations of the Presidential Records Act. [read post]
23 Apr 2021, 7:51 am by Matthew L.M. Fletcher
  He is married to Erica Newland, and they have two children – Graydon and Meredith. [read post]
7 Apr 2021, 8:00 am by ernst
David Luban, Georgetown University Law Center, has posted Complicity and Lesser Evils: A Tale of Two Lawyers, which is to appear in the Georgetown Journal of Legal Ethics with comments by Leora Bilsky and Natalie Davidson, Kathleen Clark, Erica Newland, and Shannon Prince:Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. [read post]
4 Jan 2021, 11:56 am by Matt Gluck, Tia Sewell
Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast featuring discussion on various national security stories, including Erica Newland’s op-ed arguing that Justice Department attorneys should have resigned early on in the Trump administration and the recent news of Al-Shabaab’s 9/11-style terrorist plot, among other things: The Russian hack of SolarWinds software slipped under the wire as one of the major cyber stories of 2020. [read post]
23 Dec 2020, 10:28 am by Bob Bauer
During Robert Mueller’s special counsel investigation, President Trump was famously quoted as complaining about the quality of the lawyering he was getting. [read post]
23 Dec 2020, 6:01 am by Robert Chesney, Steve Vladeck
  Let’s go with home of bbq and tacos instead]  We’re back with another round of discussion and debate with Professors Steve Vladeck and Bobby Chesney, as they cover: Erica Newland’s NY Times op-ed arguing that DOJ attorneys should have resigned early on during the Trump administration What exactly counts as a seditious conspiracy for purposes of (i) federal criminal law and (ii) the Uniform Code of Military Justice? [read post]
20 Dec 2020, 5:42 pm by Howard Bashman
“‘I’m Haunted by What I Did’ as a Lawyer in the Trump Justice Department; No matter our intentions, lawyers like me were complicit; We owe the country our honesty about what we saw — and should do in the future”: Erica Newland has this essay online at The New York Times. [read post]
20 Dec 2020, 4:38 pm by Sabrina I. Pacifici
The New York Times Opinion by Erica Newland, counsel at Protect Democracy – she worked in the Office of Legal Counsel at the Justice Department from 2016-18. [read post]
3 Sep 2020, 4:00 am by Amelia Landenberger
If you want to read more about how to overturn an executive order, read Erica Newland, Executive Orders in Court, 124 Yale L.J. 2026 (2015), and for more information about how the orders are interpreted by agencies and courts, read Matthew Chou, Agency Interpretations of Executive Orders, 71 Admin. [read post]
25 Apr 2020, 8:41 am by Elliot Setzer
Jen Patja Howell shared an episode of Rational Security discussing protests against states’ stay-at-home orders and China’s disinformation campaign about the coronavirus: Bobby Chesney and Steve Vladeck shared an episode of the National Security Law Podcast discussing the possibility of Justice Department intervention on behalf of plaintiffs in litigation from private parties challenging state lockdown orders: Christine Kwon, Erica Newland and Kristy Parker argued… [read post]
23 Apr 2020, 1:40 pm by Elliot Setzer
ICYMI: Yesterday on Lawfare Christine Kwon, Erica Newland and Kristy Parker argued Trump can’t play politics with aid to states. [read post]
28 Mar 2020, 8:41 am by Elliot Setzer
Bobby Chesney examined whether the federal government can override state government rules on social distancing, a subject on which Ben Berwick, John Langford, Erica Newland and Kristy Parker also weighed in. [read post]
1 Mar 2020, 6:03 am by Elliot Setzer
Robert Chesney and Steve Vladeck shared an episode of the National Security Law Podcast in which the hosts discuss FISA reform: Scott Anderson and Erica Newland noted that Congress has told the Trump administration that it has to produce a public war powers report by March 1—and if that doesn’t happen, private citizens could sue over it. [read post]
31 Aug 2019, 6:22 am by Hadley Baker
Erica Newland, also at Protect Democracy, reflected on potential interference in the 2020 election by President Trump based on this paper: In Brexit news, Amanda Sloat offered her analysis of British Prime Minister Boris Johnson’s decision to suspend Parliament until mid-October, just before the Brexit deadline, and Richard English explained the potential effects of Brexit on counterrorism relations between the U.K. and Europe. [read post]
26 Aug 2019, 11:35 am by Jacob Schulz
Erica Newland highlighted the key components of a new white paper written by her and her colleagues at Protect Democracy, which analyzes the ways in which the authors fear that Donald Trump will interfere in the 2020 election and proposes measures for Congress to take to combat any presidential efforts to manipulate the election. [read post]
24 Aug 2019, 7:22 am by Jen Patja Howell
Read Erica Newland's description of Protect Democracy's white paper here on Lawfare. [read post]
15 Feb 2019, 1:37 pm by Annika Lichtenbaum
And as former OLC attorney Erica Newland recently pointed out, OLC generally defers to the president when reviewing those factual findings. [read post]
10 Jan 2019, 7:16 pm by Eric Muller
In the Washington Post today, former Office of Legal Counsel attorney Erica Newland writes that after almost two years she could no longer abide the fudging and covering she and her OLC colleagues were expected to do in order to give the president's Executive Orders a veneer of proper purpose. [read post]
24 Mar 2017, 8:35 am by Jane Chong
Several years ago, a law school colleague of mine, Erica Newland, published a useful study of the jurisprudence of executive orders in the Yale Law Journal that concluded that this jurisprudence may derive “from an under-theorized understanding of the role of executive orders and how they should function as part of our separation of powers. [read post]